Belofte

Promise

A promise is a unilateral declaration of will whereby a person undertakes to render a performance or to refrain from doing so, which may be legally binding under certain conditions.

In Dutch law, a promise is a declaration by a party to do or refrain from doing something. Within the law of obligations, such a declaration, provided it meets the statutory requirements, may give rise to an obligation and thereby become enforceable.

The significance of a promise lies chiefly in contract law and unilateral juristic acts. Not every informal undertaking, however, produces legal effect; the context, the parties’ intention and any acceptance determine whether the promise is binding.

In practice, the term commonly appears in relation to donations, guarantees or undertakings given in the course of negotiations. Lawyers then assess whether the promise is sufficiently concrete and serious to support a claim for performance or damages.

“The contractor promised that the works would be completed by 1 June, thereby entitling the employer to demand performance at a later date.”

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